Ex parte WRISTERS et al. - Page 10




          Appeal No. 1999-1517                                                        
          Application No. 08/837,523                                                  


          examine the claims in greater detail than argued by an                      
          appellant, looking for nonobviousness distinctions over the                 
          prior art."); In re Wiechert, 370 F.2d 927, 936, 152 USPQ 247,              
          254 (CCPA 1967)("This court has uniformly followed the sound                
          rule that an issue raised below which is not argued in that                 
          court, even of it has been properly brought here by reason of               
          appeal is regarded as abandoned and will not be considered.                 
          It is our function as a court to decide disputed issues, not                
          to create them.”).                                                          
               The examiner at pages 4 and 5 of the answer states that                
          “it would have been obvious . . . to form an insulating layer               
          between the source/drain/gate regions and the substrate in the              
          primary reference of Byun et al. as disclosed by Ehinger et                 
          al. because this would allow for better control over the depth              
          and the concentration of the source/drain/gate regions.”                    
          Appellants argue (brief at page 5) that “nowhere in the Byun                
          reference is the possible diffusion of ions into the gate                   
          electrode discussed or even suggested.”  The examiner’s                     
          response, page 5 of the answer is that “[a]pplicant appears to              
          admit on page 5, lines                                                      
          19-21, that gate electrode 23 will inherently be doped to some              
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